FREDERICTON – A judge in New Brunswick has dismissed an application from the Elsipogtog First Nation for an injunction to stop seismic testing for shale gas.

Judge Judy Clendenning of the Court of Queen’s Bench said she found no evidence of a degree of harm to Elsipogtog.

In an affidavit, Elsipogtog Chief Aaron Sock said he was told that members of his community and other First Nations will respond if SWN Resources continues its exploration and the RCMP are present.

But Richard Williams, representing New Brunswick’s attorney general and the minister of energy and mines, told the judge last week that an injunction should not be granted based on hearsay that something might happen.

The company’s lawyer said Friday that SWN Resources, whose proposal to search for shale gas in the province has sparked protests, is not violating anyone’s rights by conducting seismic testing.

SWN said granting an injunction would cause the company to lose about $54,000 for each day crews and trucks are not able to do their work.